IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR W.P. Nos.54232-54235 OF 2018 (GM-MM-S) BETWEEN:
1. M N JAYAPRAKASH S/O M NINGAPPA AGE 46 YEARS CLASS-1 CONTRACTOR R/O 3617/3, HEMANTH, 8TH MAIN ROAD M.C.C. B.BLOCK, DAVANAGERE AT PO-DAVANAGERE-577 004 DIST:DAVANAGERE.
2. B S MAHABALESHWARAPPA S/O SHIVAPPA AGE 48 YEARS CLASS-1 CONTRACTOR R/O GUTTUR AT PO-GUTTUR TALUK-HARIHAR-577 601 DIST-DAVANAGERE.
3. T BHEEMANNA S/O THIMMABHOVI AGE 50 YEARS CLASS-1 CONTRACTOR R/O BABBUR AT PO-BABBUR-577 598 TALUK-HIRIYUR DIST-CHITRADURGA.
4. H H RANGANATH S/O HANUMANTHAPPA AGE 32 YEARS CLASS-1 CONTRACTOR NO.379, P.J. EXTENSION, DAVANAGERE AT:PO-DAVANAGERE-577 002 DIST-DAVANAGERE.
(BY SRI BASAVARAJAIAH N, ADVOCATE) AND:
... PETITIONERS 1. THE STATE OF KARNATAKA REPRESENTED BY: ITS SECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES (MINES), M.S. BUILDING, BENGALURU-560 001.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF ENERGY, VIKAS SOUDHA, BENGALURU-560 001.
... RESPONDENTS (BY SRI V.G. BHANU PRAKASH, AGA) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO COLLECT THE ROYALTY FROM THE BILLS OF THE PETITIONERS, AND FURTHER DIRECT THEM TO REFUND THE ROYALTY WHICH WAS ILLEGALLY COLLECTED BY DEDUCTING THE SAME IN THEIR BILLS AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioners claim that they are the Contractors and are using building materials jelly, stones, etc., for the purpose of construction.
2. Learned counsel for the petitioners submits that respondent-authorities are insisting the petitioners to pay royalty, whereas payment of royalty does not arise for the materials transported by the Contractor. He submits that in similar set of circumstances, this Court, in W.P.No.6020/2007 decided on 18.04.2007, directed the respondent-authorities not to collect royalty from the Contractor. Despite the said order, respondent-authorities are insisting to pay royalty, which is arbitrary and contrary to the provisions of Karnataka Minor Minerals Concession Rules, 1994.
3. Learned counsel for the petitioners submits that petitioners have made a representation dated 18.05.2017 requesting the respondents not to collect royalty since they are the Contractors, but the same has not been considered.
4. Learned AGA for the respondents submits that the petitioners have made the representation for exemption from payment of royalty.
5. In the light of the above, this petition stands disposed of directing the respondents to consider the representation dated 18.05.2017 made by the petitioners in the light of the order passed by this Court in W.P.No.6020/2007.
Petitioners are directed to produce a copy of the order passed in W.P.No.6020/2007 referred to above along with one more representation for the convenience of the respondents to pass appropriate orders.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE BSR